Code of the District of Columbia

§ 7–771.07b. Medicaid reserve.

*NOTE: This section includes amendments by emergency legislation that will expire on April 25, 2021. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a) Beginning October 1, 2020, a Medicaid reserve shall be re-established as paper agency of the Department.

(b) Notwithstanding §§ 44-361, 44-362, 44-363, and 44-365, funds may be transferred from the Medicaid reserve to the Department:

(1) To pay expenses associated with increased Medicaid enrollment or service utilization upon a determination by the Agency Fiscal Officer that available funds within the Department are projected to be exhausted;

(2) To pay expenses associated increased costs of Medicaid services upon a determination by the Agency Fiscal Officer that available funds within the Department are projected to be exhausted;

(3) To satisfy the District's requirement that sufficient funds be available to support a Department contract or a grant; and

(4) Provided that sufficient funds are still available within the Medicaid reserve to ensure a deficiency will not occur at the Department, to support the following health innovations within the Department:

(A) To create a Medicaid Buy-In Program;

(B) To fund telehealth programs including:

(i) Maintaining audio-only telehealth programs after a public health emergency;

(ii) Funding the Postpartum Coverage Expansion Act of 2020, passed on 2nd reading on July 21, 2020 (Enrolled version of Bill 23-326); and

(iii) Issuing contracts or grants for the purposes of expanding District health care providers' digital or telehealth capacity, including, for example, such innovations as the creation or expansion of patient care coordination platforms to enable nonprofit entities and practitioners to communicate with Medicaid beneficiaries' clinical and recovery support care teams in real time to improve continuity of care and ensure proper follow-up, including the purchase of telecommunications services, information services, devices, software, remote patient monitoring tools, and digital health tools;

(C) To fund reforms to the DC Healthcare Alliance Program, including:

(i) Allowing eligible District residents to submit Alliance applications electronically, without a face-to-face interview with the Department of Human Services, during a public health emergency;

(ii) Allowing Alliance clients to submit recertification applications to health care providers approved by the Department, without a face-to-face interview with the Department of Human Services, after a public health emergency;

(iii) Extending the Alliance eligibility period from 6 months to one year; and

(D) To award a competitive grant in an amount not to exceed $150,000 to fund operating expenses associated with the provision of medical respite care services to individuals who are homeless.

(c) The Office of the Chief Financial Officer shall notify the Budget Director of the Council of the District of Columbia in writing within 3 business days whenever a transfer is made from the Medicaid reserve pursuant to this section. The notice shall set forth the amount and purpose of the transfer.

(d)(1) There is established as a special fund the Medicaid Reserve Fund ("Fund").

(2) The following monies shall be deposited into the Fund:

(A) All unspent local fund monies remaining in the operating budget of the Medicaid Reserve at the end of Fiscal Year 2021; and

(B) All unspent local fund monies remaining in the operating budget of the Department of Health Care Finance at the end of Fiscal Year 2021.

(3) Money in the Fund shall be used for operating expenses permitted under this section.

(4)(A) The money deposited into the Fund, but not expended in a fiscal year, shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year or at any other time.

(B) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Feb. 27, 2008, D.C. Law 17-109, § 8b; as added Dec. 3, 2020, D.C. Law 23-149, § 5032(b), 67 DCR 10493; Jan. 29, 2021, D.C. Act 24-6, § 3(a), 68 DCR 001539; Mar. 16, 2021, D.C. Law 23-251, § 202(a), 68 DCR 001234.)

Applicability

Applicability of D.C. Law 23-251: § 401 of D.C. Law 23-251 provided that the change made to this section by § 202(a)(1) of D.C. Law 23-251 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(a) of Department of Health Care Finance Alliance Reform and Budget Transparency Emergency Amendment Act of 2021 (D.C. Act 24-6, Jan. 29, 2021, 68 DCR 001539).